Elimination of the Advance Parole Requirement
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As of July 1, 1999, H-1 and L-1 nonimmigrants with pending applications for adjustments of status no longer need to seek advance parole authorization prior to traveling outside the United States. Generally, such H-1 and L-1 nonimmigrants may be readmitted into the United States in the same status provided that they have the valid H-1 or L-1 visa and the original I-797 receipt notice for the application for adjustment of status. H-1 and L-1 nonimmigrants must also remain compliant with their nonimmigrant classification, which includes adhering to restrictions on periods of stay, change of employer, and engaging in employment.
Dependent family members of H-1 and L-1 nonimmigrants awaiting adjustment of status are also exempt from the advance parole requirement.
If H-1 or L-1 nonimmigrants violate the terms of their nonimmigrant classification, they will lose their valid H-1 or L-1 nonimmigrant status. In this case, should the application for adjustment of status be denied, the nonimmigrant would be subject to removal proceedings.
All other nonimmigrants with pending applications for status are still required to obtain advance parole authorization prior to traveling outside the United States.